HB241 Alabama 2021 Session

Under existing law, a state of emergency may be declared by the Governor by proclamation or by the Legislature by joint resolution. A state of emergency terminates after 60 days unless extended by proclamation of the Governor or joint resolution of the Legislature

This bill would provide that a state of emergency terminates after 14 days and may be extended only by joint resolution of the Legislature or, if the Legislature is not in session, by joint proclamation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives

This bill would provide that an order or directive issued by the State Health Officer relating to the outbreak of a disease or pandemic has the full force and effect of law once it is approved by the Governor and a copy is filed with the Office of the Secretary of State

This bill would provide that the President Pro Tempore of the Senate, in addition to the Lieutenant Governor and Speaker of the House of Representatives, may request in writing that the Governor call the Legislature into special session upon proclamation of a state of emergency

Also under existing law, during a state of emergency, the Governor may file with the Secretary of State an order or other directive that has the effect of suspending a law, ordinance, rule, or regulation once the Governor files the directive with the Secretary of State

This bill would require the Governor to provide a copy of a directive having the effect of suspending a law to the President Pro Tempore of the Senate and the Speaker of the House of Representatives 48 hours before the directive may take effect, with exceptions when the Governor determines delaying the effect of a directive may result in an imminent threat to human life

Relating to states of emergency; to amend Sections 22-2-8, 31-9-8, and 31-9-13, Code of Alabama 1975; to provide that a state of emergency terminates after 14 days and may be extended only by joint resolution of the Legislature or, if the Legislature is not in session, by joint proclamation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives; to provide that an order or directive issued by the State Health Officer relating to the outbreak of a disease or pandemic has the full force and effect of law once it is approved by the Governor and a copy is filed with the Secretary of State; to further provide for requesting a special session during a state of emergency; and to further provide for certain directives issued during a state of emergency.